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Article: Legal Consequences for Non-compliance With the GDPR in International Arbitration

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Article: Legal Consequences for Non-compliance With the GDPR in International Arbitration


Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 88, Issue 4 (2022) pp. 566 – 578

https://doi.org/10.54648/amdm2022033



Abstract

Data protection legislation, such as the General Data Protection Regulation (GDPR), aims to protect individuals’ personal data from illegitimate processing. As in any dispute resolution mechanism extensive processing of personal data takes place also in the context of arbitration and at various stages thereof. The broad scope of the GDPR has raised important issues concerning international arbitration, the most discussed of which being whether and how the GDPR applies to the latter. This article places the focus on specific legal consequences on international arbitration in case of non-compliance with the GDPR when it is applicable.


Keywords

GDPR, data protection, liability, administrative fine, public policy, evidence


Extract




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